G.R. No. 149557 . March 16, 2004.
PEOPLE OF THE PHILIPPINES, appellee, vs. RYAN TORRES y CERVANTES, appellant.

FACTS

The prosecution established that on August 26, 1999, in San Pedro, Laguna, appellant Ryan Torres, armed with a bladed weapon, accosted 13-year-old Rhosella Marie Burlagda while she was walking to school. He demanded and took her twenty-six pesos (P26.00). Using intimidation and force, he then brought her to an abandoned house. There, he tied her, removed her clothing and his own, and attempted to have carnal knowledge. The victim felt pain, and the act was interrupted by an external noise, prompting appellant to flee. The victim reported the incident and was medically examined. The NBI medico-legal officer found contusions on her vagina consistent with recent sexual assault, noting that the victim’s small vaginal orifice could result in incomplete penetration without hymenal laceration.
The defense was a denial and alibi. Appellant claimed he was on his way to work in Mandaluyong City at the time of the incident. The Regional Trial Court convicted him of the special complex crime of robbery with rape and imposed the death penalty. The case is now on automatic review.

ISSUE

Whether the trial court erred in convicting appellant of robbery with rape based on the victim’s testimony and the medical findings.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the victim’s testimony credible, straightforward, and consistent on material points. The alleged inconsistencies, such as when a photograph was shown, were deemed trivial and did not affect her credibility. Her testimony was corroborated by the medico-legal findings, which, while showing no hymenal laceration, documented fresh contusions. The expert explained that given the victim’s age and physical development, full penetration was not necessary to constitute rape; labial contact or incomplete penetration suffices. The taking of the P26.00 through intimidation was clearly established, making the robbery a constituent element of the crime.
However, the Court reduced the penalty from death to reclusion perpetua. The crime of robbery with rape under Article 294(1) of the Revised Penal Code carries a penalty of reclusion perpetua to death. For the supreme penalty of death to be imposed, the presence of an aggravating circumstance must be alleged in the information and proven during trial. In this case, while the victim was a minor, the qualifying circumstance of minority was not specifically alleged in the information charging the complex crime. Consequently, the penalty must be applied in its lesser form, which is reclusion perpetua. The award of civil indemnity and damages was sustained.